Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa (subclass 187) under the Direct Entry stream. The nomination application was associated with a position as a Conference or Event Coordinator.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in its determination that the nomination application for the Conference or Event Coordinator position did not meet the requirements of the relevant legislative instrument. Specifically, the court considered whether the AAT had correctly interpreted and applied the criteria for a valid nomination in the context of the applicant's circumstances.

Justice Dougall found that the AAT had not erred in law. The court reasoned that the AAT had properly considered the evidence before it and applied the correct legal principles in assessing the nomination. The AAT's conclusion that the nomination did not satisfy the legislative requirements was found to be open to it on the evidence.

The application for judicial review was dismissed.